Terms of Service

Terms of Service

Effective Date: Last Updated:

These Terms of Service ("Terms") govern your access to and use of the services provided by XI Division ("we", "us", "our"), including marketing automation, SMS/text messaging, email campaigns, voice calls, funnels, websites, and related tools powered by GoHighLevel and integrated providers such as ClickSend (collectively, the "Services").

By accessing, signing up for, or using the Services, or by providing consent to receive communications from us, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or entity, you represent that you have authority to bind that entity.

If you do not agree, do not use the Services.

1. Description of Services

We provide marketing and communication tools, including the ability to send SMS/text messages, emails, and other electronic communications to your contacts or customers. These Services may involve third-party providers (e.g., GoHighLevel, ClickSend). You are solely responsible for the content, recipients, and compliance of all communications sent using our Services.

2. Eligibility and Account

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. You agree to provide accurate, current information during registration and to update it as needed.

We may suspend or terminate your account for violations of these Terms, law, or if required for compliance reasons.

3. Your Responsibilities and Compliance

You agree to:

Use the Services only for lawful purposes.

Obtain all necessary consents, permissions, and rights before sending any communication (especially marketing messages).

Comply with all applicable laws, including but not limited to: UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. Privacy and Electronic Communications Regulations (PECR) — for UK recipients, you must have prior explicit opt-in consent (freely given, specific, informed, via clear affirmative action like an unticked checkbox) for unsolicited marketing texts, emails, or automated calls to individuals. Pre-ticked boxes, silence, or bundled consents do not qualify. Other laws (e.g., Philippine Data Privacy Act if applicable, or laws in recipients' jurisdictions).

Include clear sender identification in every marketing message (your brand/business name).

Provide easy opt-out in every marketing communication (e.g., "Reply STOP" for SMS; unsubscribe link for email).

Honor opt-out requests immediately and not send further marketing to opted-out individuals.

Not send unsolicited, harassing, spam, or prohibited content (e.g., adult, illegal, deceptive material).

Not use the Services to violate third-party rights (e.g., intellectual property, privacy).

You are solely responsible for all communications sent via the Services, including obtaining and documenting consents, maintaining records, and handling complaints or regulatory inquiries. We do not monitor or vet your content or recipient lists.

4. Prohibited Uses

You may not:

Send bulk unsolicited marketing without valid explicit consent (especially to UK individuals under PECR).

Use harvested/bought lists without proof of consent.

Impersonate others or use false/misleading headers.

Transmit viruses, malware, or harmful code.

Interfere with the Services or third-party networks.

Violation may result in immediate suspension/termination without refund, and we may report to authorities or providers (e.g., ClickSend, carriers).

5. Consent and Opt-Out for Communications from Us

By using the Services, you consent to us sending transactional/service-related messages (e.g., account updates, support). For marketing messages from us to you, we rely on consent or legitimate interests as permitted.

You can opt out of our marketing at any time via unsubscribe links or by contacting .

6. Fees, Payments, and Taxes

[Customize this section with your actual pricing/billing model, e.g., "Fees are as listed in your GHL dashboard/subscription plan. Payments are processed securely via integrated providers. You are responsible for all applicable taxes." You can add a merge tag here if you have a custom value for pricing info.]

7. Intellectual Property

We own or license all rights to the Services (software, designs, content). You grant us a license to use your uploaded content as needed to provide the Services.

8. Limitation of Liability

To the fullest extent permitted by law:

Services are provided "as is" without warranties.

We are not liable for indirect, consequential, punitive damages, lost profits, or data loss.

Our total liability shall not exceed fees paid by you in the 12 months preceding the claim.

You indemnify us against claims arising from your use, content, violations of law (including PECR/UK GDPR), or third-party disputes.

9. Indemnification

You agree to defend, indemnify, and hold us harmless from claims, losses, damages, liabilities, costs (including reasonable legal fees) arising from:

Your breach of these Terms.

Your communications/content.

Violations of applicable laws (e.g., PECR consent failures).

Third-party claims related to your use.

10. Termination

We may terminate or suspend access at any time for violations, non-payment, or compliance risks. Upon termination, your right to use Services ends; you must stop using them.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Philippines, without regard to conflict of laws principles. Disputes shall be resolved exclusively in the courts located in Quezon City, Philippines, or via binding arbitration if mutually agreed.

For UK-related complaints, you may refer to the Information Commissioner's Office (ico.org.uk).

12. Changes to Terms

We may update these Terms; continued use after posting constitutes acceptance. Check back periodically.

13. Contact Us

Questions? Contact: XI Division 1, RCBC Plaza, 30F Yuchengco Tower, 6819 Ayala Ave, Makati City, Metro Manila, Philippines Email: Phone: +63 2 1234 5678